JUDGMENT :

(Vikas Budhwar, J.)

1. Heard Sri R.K. Ojha, learned Senior Counsel assisted by Sri Shivendu Ojha, learned counsel for the writ petitioner, Sri Pradeep Kumar Shahi, learned Additional Chief Standing Counsel who appears for respondents No. 1 and 2, Sri R.C. Dwivedi, learned counsel who appears for respondent No. 3 and Sri Prabhakar Awasthi, learned counsel who has put in appearance on behalf of respondent No. 4.

2. Since affidavits have been exchanged between the parties and the learned counsel for the parties do not propose to file any further affidavits, thus, with the consent of the parties, the writ petition is being decided at the fresh stage.

3. The facts of this case shorn off unnecessary details as worded in the writ petition are that the third respondent, Sarswati Shiksha Sadan Intermediate College Marrron, Handia, District Prayagraj (in short respondent institution) is a recognized and aided institution under the provisions of Uttar Pradesh Intermediate Education Act, 1921, the provisions of Uttar Pradesh (Services Selection Board) Act, 1982 as well as Uttar Pradesh High School and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 are applicable.

4. As per the writ petitioner, Jeet Lal Saroj son of Sri Ram Shiromani Saroj, he was selected and appointed as Lecturer (Sanskrit) pursuant to the recruitment exercise undertaken by the Uttar Pradesh Secondary Education Service Selection Board against the Advertisement No. 1 of 2009 and the writ petitioner was accorded placement in Maharana Pratap Inter College Ram Dayalganj, District Jaunpur by virtue of the letter dated 08.12.2010. The writ petitioner claims to have joined the post of Lecturer (Sanskrit) in Maharana Pratap Inter College, Ram Dayalganj, District Jaunpur on 04.01.2011. It is further the case of the writ petitioner that on his request, he was transferred from Maharana Pratap Inter College Ram Dayalganj, District Jaunpur to the third respondent, Sarswati Shiksha Sadan Intermediate College Marrron, Handia, District Prayagraj, by virtue of the transfer order dated 28.06.2019 passed by the Additional Director of Education (Madhyamic), U.P., Prayagraj and the petitioner assumed the charge on the post of Lecturer (Sanskrit) in the third respondent institution on 04.07.2019. In para 8 of the writ petition, it has been pleaded that fourth respondent Lalmani son of Hub Lal was selected as Assistant Teacher (Physical Education) pursuant to the recommendation of the Uttar Pradesh Secondary Education Service Selection Board dated 05.07.2006 and the consequential letter of the District Inspector of Schools, Etawah dated 19.08.2006. In para 9 of the writ petition, it has been further asserted that the fourth respondent was issued appointment letter on 05.10.2006 pursuant whereto he joined as Assistant Teacher (Physical Education) in Zila Panchayat Inter College, Haivara, Etawah.

5. Pleadings further reveal that the fourth respondent preferred an application seeking transfer in the third respondent institution in pursuance thereof he was transferred on 07.01.2016 as Assistant Teacher (Physical Education) in the third respondent institution. In para 11 of the writ petition, further pleadings have been made that the fourth respondent was accorded joining as Assistant Teacher (Physical Education) in the third respondent institution on 01.02.2016. According to the writ petitioner, the fourth respondent preferred an application on 21.09.2018 for claiming Lecturer pay and Lecturer post in pursuance of the Government Orders dated 28.02.1990 and 25.10.2000, however, the second respondent, District Inspector of Schools, Prayagraj by order dated 26.11.2018 declined to grant Lecturer pay and Lecturer post on the premise that the fourth respondent was not fulfilling the conditions as stipulated in Government Orders in question. However, as per the writ petitioner, the second respondent, District Inspector of Schools, Prayagraj accorded selection g